A friend of mine recently had this happen. He blew a 0.06. He was arrested and charged; his last drink was 4 hours before driving, so it's unlikely he was significantly impaired.so my friend was tellin me about this dude that still got slapped w/ a dui even though he passed all the sobriety tests and blew only a 0.05. she's asking if the dui will stick in court and what they can do about it?
However, today it seems like cops have a 'no-tolerance' policy (kind of like the 'no-tolerance' policy in schools where they suspend kids for having plastic forks) with DUI. IME, cops arrest and charge anyone that blows a over a 0.01 just to see if it will stick. This was the third time this happened to someone I know.
Ultimately, the judge threw out the case and had a few choice words for the officer for wasting his time (apparently, repeatedly) with these kinds of cases. Your friend should be ok unless there is a video or something of him stumbling around (appearing completely intoxicated) in front of the officer.
As far as officers are concerned... 0.08 is the limit for a reason; and it's a low limit. A majority of senior drivers react more slowly than an average person driving at 0.08, and they are still allowed to plow through farmer's markets. Arresting people that are under the limit comes off as simply harassment / intimidation.